- 1 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5995 OF 2025 BETWEEN: SRI PRIYA B.N W/O HARISH AGED ABOUT 44 YEARS R/AT DOOR NO.2-55/38 THUNGA NAGAR NEAR ADARSH SCHOOL KARMAR ALAPE MANGALURU - 575 007. …PETITIONER (BY SRI SHETTY DEEPAK, ADV.) AND: STATE OF KARNATAKA SURATHKAL POLICE STATION MANGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.112/2024 OF SURATHKAL POLICE STATION ON THE FILE OF THE I ADDL. CIVIL JUDGE (Sr.Dn.) AND CJM COURT, MANGALURU CITY REGISTERED BY THE RESPONDENT POLICE STATION FOR THE OFFENCE P/US/ 408,420,468,201 R/W SEC.34 OF IPC. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in Crime No.112/2024 registered by Surathkal Police Station, Mangaluru City, for the offences punishable under Sections 408, 420, 468, 201 and 34 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112/2024 was registered by Surathkal Police Station, Mangaluru City, for the aforesaid offences against Deeksha S. Shetty and others based on the first information dated 30.09.2024 received from Smt. Maya Sudhakar, W/o Sudhakar, alleging that accused persons named in the first information had caused loss to Karnataka Raajya Vidyuth Guththigedarara Souhardha Sahakari Niyamita Sanga, Mangaluru. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.251/2025 before the jurisdictional Sessions Court which was rejected on 09.04.2025. Therefore, she is before this Court. - 3 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a married lady having no other criminal antecedents. She was working as Manager in the aforesaid Society and the entire allegation of misappropriating the funds of Society is as against accused Nos.1 to 3. The allegation against the petitioner is that she had not taken proper action to bring the fraud committed by other accused persons to the notice of the management and thereby, she was guilty of dereliction of duty. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. He refers to the complaint submitted by the petitioner to the CEO of the Society and submits that multiple complaints were filed by the petitioner against the concerned accused requesting the management to take appropriate action and inspite of the same, no action was taken against them. 5. Per contra, learned HCGP has opposed the petition. She submits that considering the nature of allegations found in the first information, custodial interrogation of the petitioner is required. - 4 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 6. In the first information which is submitted by the CEO of the Society, it is stated that accused Nos.1 to 3, who were working in responsible posts in the aforesaid Society had committed fraud and had misappropriated huge amount of the Society. The allegation as against the petitioner, who was working as Manager for the period from 2022 onwards is that she had failed to bring to the notice of the management about the alleged fraud and misappropriation said to have been committed by accused Nos.1 to 3. Learned counsel for the petitioner has produced certain documents along with the petition which would prima facie go to show that the petitioner had submitted representations to the CEO of the Society bringing to the notice of the management the alleged fraud being committed in the Society. There is no allegation against the petitioner that she has misappropriated or mis-utilized the funds of the Society. The only allegation against her is that she had not brought to the notice of the management about the fraud committed by accused persons who are named in the FIR. Petitioner who is said to be a married lady aged about 44 years, has no other criminal antecedents. She has undertaken to cooperate with the police for the purpose of investigation. - 5 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 Considering the aforesaid aspects of the matter more so the nature of allegations found against the petitioner in the FIR, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.112/2024 registered by Surathkal Police Station, Mangaluru City, for the offences punishable under Sections 408, 420, 468, 201 and 34 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - NC: 2025:KHC:17738 CRL.P No. 5995 of 2025 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN